AFFIDAVIT
AFFIDAVIT
AFFIDAVIT
Any default or delay in the payment of any installment shall bear a penalty of
THREE (3%) PERCENT per month by way of liquidated damages.
Should suit be brought to recover on this note, or should the same be placed in'
hands of an attorney for collection, Maker promises to attorney fees equal to FIFTEEN
(15%) PERCENT of the principal and costs incurred in connection therewith. This note
shall be governed and construed accordance with the laws of the Philippines, and suit
hereon may be brought in the Regional Trial Court of Makati City, Metro Manila, and for
this purpose Maker hereby expressly consents to the venue and jurisdiction of said
court.
Failure of Holder to exercise any option hereunder shall not constitute a waiver of
the right to exercise the same in the event of any subsequent default or in the event of
the continuance of any existing default after demand for strict performance hereof.
Time is of the essence of this note and each and every term and provision herein
is intended to insure the prompt payment of the obligation.
IN WITNESS WHEREOF, the parties hereto have executed this Note this day of
October, 1999.
Borrower:
Holder:
CANCELLATION OF DEED OF ABSOLUTE SALE
This Cancellation of Deed of Absolute Sale, made and entered this ____ day of June
1998, by and between:
and
JESUS SALVADOR G. LOCSIN, JR, of legal age, Filipino, single and with
residence address at No. 9, Mapagkawanggawa St., Sakatuna Village, Quezon City;
WITNESSETH: THAT
WHEREAS, on 16 January 1997, the parties executed a Deed of Absolute Sale over a
parcel of land registered as TCT No. N-139672 in the Registry of Deeds of Quezon City,
which transaction was entered into in the notarial book of Notary Public Dulcisimo S.
Manay, Jr. as Doc. No. 72; Page No. 15; Book No. VII; Series of 1997, a copy of which
is hereto attached as Annex A;
WHEREAS, the parties wish to CANCEL, RESCIND and ANNUL said Deed of Absolute
Sale and declare the same VOID AB INITIO for failure to effect the necessary
consideration and include the names of all actual BUYERS of the real property;
SALVADOR B. LOCSIN
Seller
TIN: 104-017-792
ENRIQUE GABRIEL G. LOCSIN
Buyer
TIN: 178-805-171
ACKNOWLEDGEMENT
BEFORE ME, a Notary Public for and in the City of Makati, Metro Manila, personally
appeared:
Salvador B. Locsin
I HEREBY CERTIFY that the foregoing document consists of three (3) pages including
this page, and that the parties and their witnesses signed their names and on one (1)
parcel of land covered by TCT No. N-139672 with the Registry of Deeds of Quezon
City.
IN WITNESS WHEREOF, I have hereunto set may hand and affixed my notarial seal
this ____ day of ____________ 1998.
COMPROMISE AGREEMENT
[With Waiver, Release and Quitclaim]
This Memorandum of Undertaking [With Waiver, Release and Quitclaim], executed this
____ day of February 1999 in Makati City, Metro Manila, by and among:
METROPOLITAN DOCTORS, INC., doing business under the name and style as
METROPOLITAN MEDICAL CENTER, a corporation duly organized and existing under
Philippine laws, with business address at c/o EDSA, Mandaluyong City, Metro Manila, Metro
Manila, herein represented by its Medical Director, CARLOS P. LOPEZ, M.D., hereinafter
referred to as the SECOND PARTY; and
WITNESSETH: THAT
WHEREAS, the FIRST PARTIES are the plaintiffs in Civil Case No. 94-1602, entitled
"MARIA CARLOS TRINIDAD, et al.," versus "METROPOLITAN DOCTORS, INC., et al.,"
pending in the Regional Trial Court of Makati City, Branch 65 (Civil Case No. 95-6503),
hereinafter referred to as the "Pending Case";
WHEREAS the SECOND PARTY and THIRD PARTIES are the defendants in said
Pending Case;
WHEREAS, all the parties are desirous of settling amicably the Pending Case, which as
been pending for almost five (5) years, and thereby put to rest a long and costly litigation;
1.1. to make available to MARIA CARLOS TRINIDAD a private room at the Makati
Medical Center which is appropriate/adequate, considering her present medical condition,
including the continued use of the hospital bed she is now using and a sofa bed, all free of charge
and for as long as she remains clinically alive and in need of medical attention; and
1.2. provide MARIA CARLOS TRINIDAD, likewise free of charge, medicine, drugs,
life-support systems, medical equipment and other facilities, medical assistance, neurological
treatment and other appropriate medical services from competent nurses, doctors or specialists –
which may be advisable or necessary to maintain her in her present condition, including
treatment of complications or illnesses of whatever kind or nature which may arise from said
treatment or condition.
3. The parties agree to, and shall cause, the dismissal, with prejudice, of the Pending
Case, including all claims and counterclaims therein, and agree not to file any similar case,
whether civil, administrative or criminal, of any kind or nature whatsoever, arising from the
same facts, incident, claim, cause or causes of action.
5. This agreement shall not in any way be construed as an admission on the part of any
party of any fault, negligence or liability, of whatever kind and nature, in connection with the
Pending Case.
6. In case of material breach of the terms and conditions of this agreement, the innocent
party is hereby authorized to apply for a writ of execution in the Pending Case for the purpose of
compelling compliance with the terms and conditions of this agreement.
IN WITNESS WHEREOF, the partieshave hereunto set their hand this ____ day of
November 1999 in Makati City, Metro Manila.
Witnessed By:
__________________________ __________________________
ACKNOWLEDGEMENT
BEFORE ME, a Notary Public for and in the City of Makati, Metro Manila, personally appeared:
CARLOS P. LOPEZ
VISITCACION V. LUNA
ANITA CARMEN-ROCES
GRACE LUNA
and they acknowledged to me that they are the same persons who executed the foregoing
instrument, consisting of four (4) pages, including this page; that Hideaki Tateishi and Raul G.
Fores are both duly authorized to appear in behalf of their respective principals; and that they
executed the foregoing instrument as their own free and voluntary act and deed, for themselves
and/or in behalf of their respective principals.
AFFIDAVIT OF LOSS
I, WILHELMINA A. POBRE, of legal age, married, Filipino citizen, with residence
address at 51-G Yakal Street, Makati City, under oath, depose and state:
(1) I, together with my husband, own a Certificate Of Participation No. 0044335 issued
by Security Bank in the principal amount of P100,000.00.
(2) On January 10, 1999 I lost the original of the above Certificate of Participation when
we moved to our new house in Makati City, during which we relocated a number of
personal possessions.
(3) Diligent search of said document among our personal effects proved futile and
unavailing.
(4) I am executing this affidavit to comply with the requirements of Security Bank for the
reconstitution of said document.
WILHELMINA A. POBRE
I, Juan del la Cruz, of legal age, single, and a resident of # 123 Main
St., Malate, Manila, after having duly sworn to in accordance with law
hereby depose and state:
1. I am the complaining witness for Serious Physical Injuries against
Jesus Santos in the case entitled "People of the Philippines versus Jesus
Santos", Criminal Case No. 12345, Metropolitan Trial Court, Branch No.
11, City of Manila.
2. After my sober and soul searching assessment and analysis of the
incident, I have realized that because I was not wearing my eyeglasses and it
was dark, I can not point out, without a doubt the accused or any other
person/s who inflicted harm against me.
3. Since I could not state with certainty and without doubt the liability
of Jesus Santos, in fairness to him, I am permanently withdrawing my
complaint against him. I clear him of whatever responsibility or liability to
me.
4. I hereby inform the City Prosecutor of Manila that I am withdrawing
my complaint for Serious Physical Injuries in Criminal Case No. 12345
entitled "People of the Philippines versus Jesus Santos", Metropolitan Trial
Court, Branch No. 11, City of Manila.
5. I likewise request the Metropolitan Trial Court, Branch No. 11, City
of Manila to dismiss with prejudice the said criminal case.
IN WITNESS WHEREOF, I hereby set my hand this 22nd day of
September 2007 at the City of Manila.
Juan de la Cruz
Complaining Witness
SUBSCRIBED AND SWORN to before me this 22nd day of January
2008 at the City of Manila, Philippines.
Romeo Abad
Public Prosecutor
AFFIDAVIT